New research examines invasive practices in Indian rape cases

Dr Aradhana Cherupara Vadekkethil, Early Career Fellow in Law at Somerville College and Associate Member of the Faculty of Law, has published a new open-access article in Feminist Legal Studies examining the continued reference to so-called 'two-finger tests' in Indian judicial decisions on rape.

The study looked at almost 2,000 judgments from district courts in Delhi and Kerala, and high courts across India. It considers whether legal reforms and landmark Supreme Court decisions have succeeded in eliminating judicial reliance on this 'invasive' and 'unscientific' practice, which is carried out for the purpose of determining virginity.

Dr Cherupara Vadekkethil's research found that two-finger tests were mentioned in 14% of judgments, despite the Indian Supreme Court having held that the practice violates survivors' rights to privacy, bodily integrity and dignity. This percentage increases to 37% in high court judgments, even though judges at the appellate level have greater expertise and experience. The article argues that this gap between law and practice reflects the continuing influence of colonial and patriarchal assumptions about the credibility of rape victims within the legal system.

Read the full article: 'Hymen Checks' – Assessing the Use of Two-Finger Tests in India's Judicial Discourse on Rape